The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

To amend sections 181.25, 341.27, 1337.28, 1705.081,
2111.121, 2151.85, 2501.03, 2501.14, 2501.15,
2503.33, 2947.23, 2949.091, 2953.08, 4713.64,
4715.101, 4717.04, 4717.14, 4725.19, 4755.06,
4755.11, 4755.411, 4755.47, 4757.10, 4757.36,
4776.01, 5322.01, 5322.02, 5322.03, and 5809.031
and to enact sections 1901.263, 1905.38, 1907.25,
1925.151, 2101.165, 2151.542, 2303.23, 2501.161,
2503.18, 4701.30, 4703.53, 4707.33, 4709.27,
4712.15, 4713.68, 4715.41, 4717.39, 4719.22,
4723.92, 4725.61, 4727.22, 4728.15, 4729.87,
4730.54, 4731.95, 4732.32, 4733.28, 4734.57,
4735.76, 4736.18, 4737.14, 4738.20, 4740.17,
4741.48, 4742.07, 4747.17, 4749.15, 4751.13,
4752.20, 4753.16, 4755.71, 4757.45, 4758.72,
4759.12, 4760.22, 4761.18, 4762.23, 4763.20,
4765.58, 4766.23, 4771.23, 4773.09, 4774.22,
4776.20, 4778.25, 4779.34, and 4781.55 of the
Revised Code to authorize certain licensing boards
to require corrective action courses as a form of
discipline for license holders, to establish
professional licensing sanctions regarding the
crime of human trafficking, to authorize a court
to cancel claims for uncollectible amounts due the
court, to authorize a sentencing court to waive,
suspend, or modify payment of the costs of
prosecution, to define "case" in connection with
the imposition of costs in a criminal case, to
abolish the Felony Sentence Appeal Cost Oversight
Committee, to rename the "Chief Justice of the
Court of Appeals" the "Chief Judge of the Court of
Appeals," to modify the requirements for when the
Ohio Supreme Court meets, to make changes to the
law in relation to the sale of personal property
on which there has been placed a lien by an owner
of a self-service storage facility, to provide
that a principal in a power of attorney may
nominate a guardian of the principal's incompetent
adult children, to remove the requirement that the
operating agreement of a limited liability company
may identify types or categories of activities
that do not violate the duty of loyalty only if
not manifestly unreasonable, to specify that the
operating agreement of a limited liability company
may not eliminate the duty of care but may
prescribe the standards by which the duty is to be
measured, to modify the restrictions on the
operating agreement of a limited liability company
with respect to the obligation of good faith and
the duties of a manager, to make other clarifying
changes to provisions contained in Sub. H.B. 48
and Sub. S.B. 117 of the 129th General Assembly,
to expressly authorize a county to establish a
program for prisoners in the county's correctional
facility to work outside the facility, to make a
conforming change related to Am. H.B. 63 of the
129th General Assembly, and to clarify the entity
that prescribes forms under R.C. 2151.85.

Sec. 181.25. (A) If the comprehensive criminal sentencing
structure that it recommends to the general assembly pursuant to
section 181.24 of the Revised Code or any aspects of that
sentencing structure are enacted into law, the state criminal
sentencing commission shall do all of the following:

(1) Assist the general assembly in the implementation of
those aspects of the sentencing structure that are enacted into
law;

(2) Monitor the operation of the aspects of the sentencing
structure that are enacted into law and report to the general
assembly no later than January 1, 1997, and biennially thereafter,
on all of the following matters:

(a) The impact of the sentencing structure in effect on and
after July 1, 1996, on political subdivisions and other relevant
aspects of local government in this state, including all of the
following information:

(i) The number and type of offenders who were being
imprisoned in a state correctional institution under the law in
effect prior to July 1, 1996, but who are being punished under a
community control sanction, as defined in section 2929.01 of the
Revised Code, under the law in effect on and after July 1, 1996;

(ii) The fiscal and other impact of the law in effect on and
after July 1, 1996, on political subdivisions and other relevant
aspects of local government in this state, including law
enforcement agencies, the court system, prosecutors, as defined in
section 2935.01 of the Revised Code, the public defender and
assigned counsel system, jails and workhouses, probation
departments, the drug and alcohol abuse intervention and treatment
system, and the mental health intervention and treatment system.

(b) The impact of the sentencing structure in effect on and
after July 1, 1996, on the population of state correctional
institutions, including information regarding the number and types
of offenders who are being imprisoned under the law in effect on
and after July 1, 1996, and the amount of space in state
correctional institutions that is necessary to house those
offenders;

(c) The impact of the sentencing structure and the sentence
appeal provisions in effect on and after July 1, 1996, on the
appellate courts of this state, including information regarding
the number of sentence-based appeals, the cost of reviewing
appeals of that nature, whether a special court should be created
to review sentences, and whether changes should be made to ensure
that sentence-based appeals are conducted expeditiously.

(3) Review all bills that are introduced in the general
assembly that provide for new criminal offenses or that change the
penalty for any criminal offense, determine if those bills are
consistent with the sentencing policy adopted under division (B)
of section 181.23 of the Revised Code, determine the impact of
those bills upon the correctional resources of the state, and
recommend to the general assembly any necessary amendments to
those bills. When the commission recommends any amendment for a
bill before the general assembly, it shall do so in a manner that
is consistent with the requirements of section 181.24 of the
Revised Code.

(4) Study criminal sentencing structures in this state, other
states, and the federal government, recommend necessary changes to
the sentencing structure of the state, and determine the costs and
effects of any proposed changes in the sentencing structure of the
state;

(5) Collect and maintain data that pertains to the cost to
counties of the felony sentence appeal provisions set forth in
section 2953.08 of the Revised Code, of the postconviction relief
proceeding provisions set forth in division (A)(2) of section
2953.21 of the Revised Code, and of appeals from judgments entered
in such postconviction relief proceedings. The data so collected
and maintained shall include, but shall not be limited to, the
increase in expenses that counties experience as a result of those
provisions and those appeals and the number of felony sentence
appeals made, postconviction relief proceedings filed, and appeals
of postconviction relief proceeding judgments made in each county
under those provisions. The commission periodically shall provide
to the felony sentence appeal cost oversight committee, in
accordance with division (I) of section 2953.08 of the Revised
Code, all data the commission collects pursuant to this division.

(B) In addition to its duties set forth in section 181.24 of
the Revised Code and division (A) of this section, the state
criminal sentencing commission shall review all forfeiture
statutes in Titles XXIX and XLV of the Revised Code and, not later
than July 1, 2002, recommend to the general assembly any necessary
changes to those statutes.

Sec. 341.27. (A) As used in this section:

(1) "County correctional facility" has the same meaning as in
section 341.42 of the Revised Code.

(2) "County correctional officer" has the same meaning as in
section 341.41 of the Revised Code.

(B)
The sheriff and board of county commissioners of any
county jointly may establish in writing a prisoner work program
pursuant to which prisoners and adult offenders confined in a
county correctional facility under control of the county work
outside of the facility in a work detail administered by the
facility. A program established under this division shall be
separate from and independent of any program or camp established
under section 341.31, 5147.28, or 5147.30 of the Revised Code or
under any other provision of the Revised Code. A sheriff and board
of county commissioners that jointly establish a program under
this division shall specify rules for the operation of the
program. The rules shall include, but are not limited to, rules
that provide the following:

(1) That no prisoner or adult offender confined in the
facility under a charge of, or a sentence imposed for, an offense
of violence may be assigned to a work detail under the program;

(2) That no prisoner or adult offender may be assigned to a
work detail under the program unless the prisoner or adult
offender volunteers for the work detail;

(3) That no prisoner or adult offender under supervisory
authority of the adult parole authority may be assigned to a work
detail under the program.

(C) If all the prisoners or adult offenders working on a work
detail administered by a county correctional facility and outside
the facility have volunteered for the work detail and are
imprisoned or reside in that facility for an offense other than a
felony of the first or second degree and if the applicable county
correctional officer complies with division (C)(D) of this
section, both of the following apply:

(1) No sheriff, deputy sheriff, or county correctional
officer is liable for civil damages for injury, death, or loss to
person or property caused or suffered by a prisoner or adult
offender working on the work detail unless the injury, death, or
loss results from malice or wanton or reckless misconduct of the
sheriff, deputy sheriff, or county correctional officer.

(2) The county in which the prisoners or adult offenders work
on the work detail and that employs the sheriff, deputy sheriff,
or county correctional officer is not liable for civil damages for
injury, death, or loss to person or property caused or suffered by
a prisoner or adult offender working on the work detail unless the
injury, death, or loss results from malice or wanton or reckless
misconduct of the sheriff or any deputy sheriff or county
correctional officer.

(C)(D) To qualify for the immunity described in division
(B)(C)(1) of this section regarding a work detail, a county
correctional officer, prior to having the prisoners or adult
offenders of the county correctional facility, work outside the
facility on the work detail, shall inform each prisoner or adult
offender on the work detail of the provisions of this section,
including notifying the prisoner or adult offender that, by
volunteering for the work detail, the prisoner or adult offender
cannot hold the sheriff, deputy sheriff, or county correctional
officer or the county liable for civil damages for injury, death,
or loss to person or property unless the injury, death, or loss
results from malice or wanton or reckless misconduct of the
sheriff, deputy sheriff, or county correctional officer.

Sec. 1337.28. (A) In a power of attorney, a principal may
nominate a guardian of the principal's person, estate, or both and
may nominate a guardian of the person, the estate, or both of one
or more of the principal's minor children or incompetent adult
children, whether born at the time of the execution of the power
of attorney or afterward. The nomination is for consideration by a
court if proceedings for the appointment of a guardian for the
principal's person, estate, or both or if proceedings for the
appointment of a guardian of the person, the estate, or both of
one or more of the principal's minor children or incompetent adult
children are commenced at a later time. The principal may
authorize the person nominated as guardian or the agent to
nominate a successor guardian for consideration by a court. Except
for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent
nomination. Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of the
principal's minor children or incompetent adult children under
this division, and any subsequent appointment of the guardian or
successor guardian as guardian under section 2111.02 of the
Revised Code, does not vacate the jurisdiction of any other court
that previously may have exercised jurisdiction over the person of
the minor or incompetent adult child.

(B) The principal may direct that bond be waived for a person
nominated as guardian or as a successor guardian.

(C) If, after a principal executes a power of attorney, a
court appoints a guardian of the principal's estate or other
fiduciary charged with the management of some or all of the
principal's property, the agent is accountable to the fiduciary as
well as to the principal. The power of attorney is not terminated
and the agent's authority continues unless limited, suspended, or
terminated by the court after notice to the agent and upon a
finding that the limitation, suspension, or termination would be
in the best interest of the principal.

(D) A power of attorney that contains the nomination of a
person to be the guardian of the person, the estate, or both of
one or more of the principal's minor children or incompetent adult
children under this division may be filed with the probate court
for safekeeping, and the probate court shall designate the
nomination as the nomination of a standby guardian.

(E) As used in this section, "incompetent" has the same
meaning as in section 2111.01 of the Revised Code.

Sec. 1705.081. (A) Except as otherwise provided in division
(B) of this section, an operating agreement governs relations
among members and between members, any managers, and the limited
liability company. A limited liability company is bound by the
operating agreement of its member or members whether or not the
limited liability company executes the operating agreement. To the
extent the operating agreement does not otherwise provide, this
chapter governs relations among the members and between the
members, any managers, and the limited liability company.

(B) The operating agreement may not do any of the following:

(1) Vary the rights and duties under section 1705.04 of the
Revised Code;

(2) Unreasonably restrict the right of access to books and
records under section 1705.22 of the Revised Code;

(3) Eliminate the duty of loyalty under division (C) of
section 1705.161 of the Revised Code or division (B) of section
1705.281 of the Revised Code, but the operating agreement may
identify specific types or categories of activities that do not
violate the duty of loyalty if not manifestly unreasonable, and
all of the members or a number or percentage of members specified
in the operating agreement may authorize or ratify, after full
disclosure of all material facts, a specific act or transaction
that otherwise would violate the duty of loyalty;

(4) Unreasonably reduceEliminate the duty of care under
division (C) of section 1705.161 of the Revised Code or division
(C) of section 1705.281 of the Revised Code, but the operating
agreement may prescribe the standards by which the duty is to be
measured;

(5) Eliminate the obligation of good faith and fair dealing
under division (D) of section 1705.281 of the Revised Code, but
the operating agreement may prescribe the standards by which the
performance of the obligation is to be measured if the standards
are not manifestly unreasonable;

(6) Eliminate the duties of a manager under division (B) of
section 1705.29 of the Revised Code, but the operating agreement
may prescribe in writing the standards by which performance is to
be measured or specify types or categories ofidentify activities
that do not violate the manager's duties in each case if not
manifestly unreasonable;

(7) Vary the requirement to wind up the limited liability
company's business in cases specified in division (A) or (B) of
section 1705.47 of the Revised Code;

(8) Restrict the rights of third parties under this chapter.

Sec. 1901.263. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 1905.38. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 1907.25. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 1925.151. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 2101.165. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 2111.121. (A) A person may nominate in a writing, as
described in this division, another person to be the guardian of
the nominator's person, estate, or both or the guardian of the
person, the estate, or both, of one or more of the nominator's
minor or incompetent adult children, whether born at the time of
the execution of the writing or afterward, subject to notice and a
hearing pursuant to section 2111.02 of the Revised Code. The
nomination is for consideration by a court if proceedings for the
appointment of a guardian of the person, the estate, or both, for
the person making the nomination or if proceedings for the
appointment of a guardian as the guardian of the person, the
estate, or both of one or more of the nominator's minor or
incompetent adult children are commenced at a later time. The
person may authorize, in a writing of that nature, the person
nominated as guardian to nominate a successor guardian for
consideration by a court. The person also may direct, in a writing
of that nature, that bond be waived for a person nominated as
guardian in it or nominated as a successor guardian in accordance
with an authorization in it.

To be effective as a nomination, the writing shall be signed
by the person making the nomination in the presence of two
witnesses; signed by the witnesses; and contain, immediately prior
to their signatures, an attestation of the witnesses that the
person making the nomination signed the writing in their presence;
andor be acknowledged by the person making the nomination before
a notary public.

(B) If a person has nominated, in a writing as described in
division (A) of this section or in a durable power of attorney
under section 1337.24 of the Revised Code, another person to be
the guardian of the nominator's person, estate, or both, and
proceedings for the appointment of a guardian for the person are
commenced at a later time, the court involved shall appoint the
person nominated as guardian in the writing or durable power of
attorney most recently executed if the person nominated is
competent, suitable, and willing to accept the appointment. If the
writing or durable power of attorney contains a waiver of bond,
the court shall waive bond of the person nominated as guardian
unless it is of the opinion that the interest of the trust demands
it.

(C) Nomination of a person as a guardian or successor
guardian of the person, the estate, or both of one or more of the
nominator's minor or incompetent adult children under division (A)
of this section, and any subsequent appointment of the guardian or
successor guardian as guardian under section 2111.02 of the
Revised Code, does not vacate the jurisdiction of any other court
that previously may have exercised jurisdiction over the person of
the minor or incompetent adult child.

(D) The writing containing the nomination of a person to be
the guardian of the person, the estate, or both of one or more of
the nominator's minor or incompetent adult children under division
(A) of this section may be filed with the probate court for
safekeeping, and the probate court shall designate the nomination
as the nomination of a standby guardian.

Sec. 2151.542. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 2151.85. (A) A woman who is pregnant, unmarried, under
eighteen years of age, and unemancipated and who wishes to have an
abortion without the notification of her parents, guardian, or
custodian may file a complaint in the juvenile court of the county
in which she has a residence or legal settlement,or in the
juvenile court of any county that borders to any extent the county
in which she has a residence or legal settlement, or in the
juvenile court of the county in which the hospital, clinic, or
other facility in which the abortion would be performed or induced
is located, requesting the issuance of an order authorizing her to
consent to the performance or inducement of an abortion without
the notification of her parents, guardian, or custodian.

The complaint shall be made under oath and shall include all
of the following:

(1) A statement that the complainant is pregnant;

(2) A statement that the complainant is unmarried, under
eighteen years of age, and unemancipated;

(3) A statement that the complainant wishes to have an
abortion without the notification of her parents, guardian, or
custodian;

(4) An allegation of either or both of the following:

(a) That the complainant is sufficiently mature and well
enough informed to intelligently decide whether to have an
abortion without the notification of her parents, guardian, or
custodian;

(b) That one or both of her parents, her guardian, or her
custodian was engaged in a pattern of physical, sexual, or
emotional abuse against her, or that the notification of her
parents, guardian, or custodian otherwise is not in her best
interest.

(5) A statement as to whether the complainant has retained an
attorney and, if she has retained an attorney, the name, address,
and telephone number of her attorney.

(B)(1) The court shall fix a time for a hearing on any
complaint filed pursuant to division (A) of this section and shall
keep a record of all testimony and other oral proceedings in the
action. The court shall hear and determine the action and shall
not refer any portion of it to a referee. The hearing shall be
held at the earliest possible time, but not later than the fifth
business day after the day that the complaint is filed. The court
shall enter judgment on the complaint immediately after the
hearing is concluded. If the hearing required by this division is
not held by the fifth business day after the complaint is filed,
the failure to hold the hearing shall be considered to be a
constructive order of the court authorizing the complainant to
consent to the performance or inducement of an abortion without
the notification of her parent, guardian, or custodian, and the
complainant and any other person may rely on the constructive
order to the same extent as if the court actually had issued an
order under this section authorizing the complainant to consent to
the performance or inducement of an abortion without such
notification.

(2) The court shall appoint a guardian ad litem to protect
the interests of the complainant at the hearing that is held
pursuant to this section. If the complainant has not retained an
attorney, the court shall appoint an attorney to represent her. If
the guardian ad litem is an attorney admitted to the practice of
law in this state, the court also may appoint himthe guardian ad
litem to serve as the complainant's attorney.

(C)(1) If the complainant makes only the allegation set forth
in division (A)(4)(a) of this section and if the court finds, by
clear and convincing evidence, that the complainant is
sufficiently mature and well enough informed to decide
intelligently whether to have an abortion, the court shall issue
an order authorizing the complainant to consent to the performance
or inducement of an abortion without the notification of her
parents, guardian, or custodian. If the court does not make the
finding specified in this division, it shall dismiss the
complaint.

(2) If the complainant makes only the allegation set forth in
division (A)(4)(b) of this section and if the court finds, by
clear and convincing evidence, that there is evidence of a pattern
of physical, sexual, or emotional abuse of the complainant by one
or both of her parents, her guardian, or her custodian, or that
the notification of the parents, guardian, or custodian of the
complainant otherwise is not in the best interest of the
complainant, the court shall issue an order authorizing the
complainant to consent to the performance or inducement of an
abortion without the notification of her parents, guardian, or
custodian. If the court does not make the finding specified in
this division, it shall dismiss the complaint.

(3) If the complainant makes both of the allegations set
forth in divisions (A)(4)(a) and (b) of this section, the court
shall proceed as follows:

(a) The court first shall determine whether it can make the
finding specified in division (C)(1) of this section and, if so,
shall issue an order pursuant to that division. If the court
issues such an order, it shall not proceed pursuant to division
(C)(3)(b) of this section. If the court does not make the finding
specified in division (C)(1) of this section, it shall proceed
pursuant to division (C)(3)(b) of this section.

(b) If the court pursuant to division (C)(3)(a) of this
section does not make the finding specified in division (C)(1) of
this section, it shall proceed to determine whether it can make
the finding specified in division (C)(2) of this section and, if
so, shall issue an order pursuant to that division. If the court
does not make the finding specified in division (C)(2) of this
section, it shall dismiss the complaint.

(D) The court shall not notify the parents, guardian, or
custodian of the complainant that she is pregnant or that she
wants to have an abortion.

(E) If the court dismisses the complaint, it immediately
shall notify the complainant that she has a right to appeal under
section 2505.073 of the Revised Code.

(F) Each hearing under this section shall be conducted in a
manner that will preserve the anonymity of the complainant. The
complaint and all other papers and records that pertain to an
action commenced under this section shall be kept confidential and
are not public records under section 149.43 of the Revised Code.

(G) The clerk of the supreme court shall prescribe complaint
and notice of appeal forms that shall be used by a complainant
filing a complaint under this section and by an appellant filing
an appeal under section 2505.073 of the Revised Code. The clerk of
each juvenile court shall furnish blank copies of the forms,
without charge, to any person who requests them.

(H) No filing fee shall be required of, and no court costs
shall be assessed against, a complainant filing a complaint under
this section or an appellant filing an appeal under section
2505.073 of the Revised Code.

(I) As used in this section, "unemancipated" means that a
woman who is unmarried and under eighteen years of age has not
entered the armed services of the United States, has not become
employed and self-subsisting, or has not otherwise become
independent from the care and control of her parent, guardian, or
custodian.

Sec. 2303.23. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 2501.03. The judges of the court of appeals shall meet
annually at such time and place within the state as may be set by
the chief justicejudge of the court of appeals to organize and to
choose one of their members as chief justicejudge and one as
secretary for the next judicial year, which shall commence on the
first day of January. The judges may adopt rules to govern their
organization, the purpose of which is the implementation of the
goals of the Ohio judicial conference as set forth in section
105.91 of the Revised Code.

The judges of the court of appeals, or committees composed of
those judges, may meet at such other times and places within this
state as may be designated by the chief justicejudge to carry out
the purposes of the organization. Annual dues in a reasonable
amount may be assessed each member of the organization. Annual
dues and the actual and necessary expenses incurred by each judge
in attending meetings of the organization shall be reimbursed by
the state in the same manner as provided in section 141.10 of the
Revised Code.

Sec. 2501.14. When the presiding judge of a district
requests that judges of the court of appeals be assigned to hold
court with the judges of such district or to hold an additional
court in such district, the chief justicejudge of the court of
appeals, upon being satisfied that the business of such district
requires it, shall assign such judges, as in histhe chief judge's
opinion can be assigned without impairing the business of the
district from which such assigned judges are selected, to hold
court in such district.

Sec. 2501.15. A judge assigned under section 2501.14 of the
Revised Code shall be paid histhe judge's actual expenses for
each day
hethe judge performs judicial duties, including the time
necessarily devoted to going to, and returning from, such
assignment, and to the examination and decision of cases heard by
himthe judge while he is engaged outside the district for which
hethe judge was elected. Such expenses shall be paid from
appropriations made for this purpose pursuant to the certificate
of the chief justicejudge of the court of appeals, or the judge
making the assignment.

Sec. 2501.161. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 2503.18. If at any time the court finds that an amount
owing to the court is due and uncollectible, in whole or in part,
the court may direct the clerk of the court to cancel all or part
of the claim. The clerk shall then effect the cancellation.

Sec. 2503.33. The chief justice and the judges of the
supreme court shall meet at Columbus on the first Tuesday after
the first Monday ofin January of each year to hold a term ofand
at subsequent times throughout the year as determined by the
court.

Sec. 2947.23. (A)(1)(a) In all criminal cases, including
violations of ordinances, the judge or magistrate shall include in
the sentence the costs of prosecution, including any costs under
section 2947.231 of the Revised Code, and render a judgment
against the defendant for such costs. At the timeIf the judge or
magistrate imposes sentencea community control sanction or other
nonresidential sanction, the judge or magistrate, when imposing
the sanction, shall notify the defendant of both of the following:

(i) If the defendant fails to pay that judgment or fails to
timely make payments towards that judgment under a payment
schedule approved by the court, the court may order the defendant
to perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the court is
satisfied that the defendant is in compliance with the approved
payment schedule.

(ii) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.

(b) The failure of a judge or magistrate to notify the
defendant pursuant to division (A)(1)(a) of this section does not
negate or limit the authority of the court to order the defendant
to perform community service if the defendant fails to pay the
judgment described in that division or to timely make payments
toward that judgment under an approved payment plan.

(2) The following shall apply in all criminal cases:

(a) If a jury has been sworn at the trial of a case, the fees
of the jurors shall be included in the costs, which shall be paid
to the public treasury from which the jurors were paid.

(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause or
because the defendant entered a plea of guilty or no contest less
than twenty-four hours before the scheduled commencement of the
trial, the costs incurred in summoning jurors for that particular
trial may be included in the costs of prosecution. If the costs
incurred in summoning jurors are assessed against the defendant,
those costs shall be paid to the public treasury from which the
jurors were paid.

(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in division (A)
of this section or has failed to timely make payments towards that
judgment under a payment schedule approved by the judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the failure is
appropriate, the judge or magistrate may order the offender to
perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the judge or
magistrate is satisfied that the offender is in compliance with
the approved payment schedule. If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an offender to
perform community service under this division does not lessen the
amount of the judgment and does not preclude the state from taking
any other action to execute the judgment.

(C) The court retains jurisdiction to waive, suspend, or
modify the payment of the costs of prosecution, including any
costs under section 2947.231 of the Revised Code, at the time of
sentencing or at any time thereafter.

(D) As used in this section, "specified:

(1) "Case" means a prosecution of all of the charges that
result from the same act, transaction, or series of acts or
transactions and that are given the same case type designator and
case number under Rule 43 of the Rules of Superintendence for the
Courts of Ohio or any successor to that rule.

(2) "Specified hourly credit rate" means the wage rate that
is specified in 26 U.S.C.A. 206(a)(1) under the federal Fair Labor
Standards Act of 1938, that then is in effect, and that an
employer subject to that provision must pay per hour to each of
the employer's employees who is subject to that provision.

Sec. 2949.091. (A)(1)(a) The court in which any person is
convicted of or pleads guilty to any offense shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required by law to impose upon the
offender:

(i) Thirty dollars if the offense is a felony;

(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;

(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.

(b) All moneys collected pursuant to division (A)(1)(a) of
this section during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state and deposited by the treasurer of state to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. The court shall not waive the
payment of the additional thirty-, twenty-, or ten-dollar court
costs, unless the court determines that the offender is indigent
and waives the payment of all court costs imposed upon the
indigent offender.

(2)(a) The juvenile court in which a child is found to be a
delinquent child or a juvenile traffic offender for an act that,
if committed by an adult, would be an offense, shall impose one of
the following sums as costs in the case in addition to any other
court costs that the court is required or permitted by law to
impose upon the delinquent child or juvenile traffic offender:

(i) Thirty dollars if the offense is a felony;

(ii) Twenty dollars if the offense is a misdemeanor other
than a traffic offense that is not a moving violation;

(iii) Ten dollars if the offense is a traffic offense that is
not a moving violation, excluding parking violations.

(b) All moneys collected pursuant to division (A)(2)(a) of
this section during a month shall be transmitted on or before the
twentieth day of the following month by the clerk of the court to
the treasurer of state and deposited by the treasurer of state to
the credit of the indigent defense support fund established under
section 120.08 of the Revised Code. The thirty-, twenty-, or
ten-dollar court costs shall be collected in all cases unless the
court determines the juvenile is indigent and waives the payment
of all court costs, or enters an order on its journal stating that
it has determined that the juvenile is indigent, that no other
court costs are to be taxed in the case, and that the payment of
the thirty-, twenty-, or ten-dollar court costs is waived.

(B) Whenever a person is charged with any offense described
in division (A)(1) of this section, the court shall add to the
amount of the bail the thirty, twenty, or ten dollars required to
be paid by division (A)(1) of this section. The thirty, twenty, or
ten dollars shall be retained by the clerk of the court until the
person is convicted, pleads guilty, forfeits bail, is found not
guilty, or has the charges dismissed. If the person is convicted,
pleads guilty, or forfeits bail, the clerk shall transmit the
thirty, twenty, or ten dollars on or before the twentieth day of
the month following the month in which the person was convicted,
pleaded guilty, or forfeited bail to the treasurer of state, who
shall deposit it to the credit of the indigent defense support
fund established under section 120.08 of the Revised Code. If the
person is found not guilty or the charges are dismissed, the clerk
shall return the thirty, twenty, or ten dollars to the person.

(C) No person shall be placed or held in a detention facility
for failing to pay the additional thirty-, twenty-, or ten-dollar
court costs or bail that are required to be paid by this section.

(D) As used in this section:

(1) "Moving violation" and "bail" have the same meanings as
in section 2743.70 of the Revised Code.

(2) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.

(3) "Case" has the same meaning as in section 2947.23 of the
Revised Code.

Sec. 2953.08. (A) In addition to any other right to appeal
and except as provided in division (D) of this section, a
defendant who is convicted of or pleads guilty to a felony may
appeal as a matter of right the sentence imposed upon the
defendant on one of the following grounds:

(1) The sentence consisted of or included the maximum prison
term allowed for the offense by division (A) of section 2929.14 or
section 2929.142 of the Revised Code, the maximum prison term was
not required for the offense pursuant to Chapter 2925. or any
other provision of the Revised Code, and the court imposed the
sentence under one of the following circumstances:

(a) The sentence was imposed for only one offense.

(b) The sentence was imposed for two or more offenses arising
out of a single incident, and the court imposed the maximum prison
term for the offense of the highest degree.

(2) The sentence consisted of or included a prison term, the
offense for which it was imposed is a felony of the fourth or
fifth degree or is a felony drug offense that is a violation of a
provision of Chapter 2925. of the Revised Code and that is
specified as being subject to division (B) of section 2929.13 of
the Revised Code for purposes of sentencing, and the court did not
specify at sentencing that it found one or more factors specified
in divisions (B)(2)(a) to (i) of section 2929.13 of the Revised
Code to apply relative to the defendant. If the court specifies
that it found one or more of those factors to apply relative to
the defendant, the defendant is not entitled under this division
to appeal as a matter of right the sentence imposed upon the
offender.

(3) The person was convicted of or pleaded guilty to a
violent sex offense or a designated homicide, assault, or
kidnapping offense, was adjudicated a sexually violent predator in
relation to that offense, and was sentenced pursuant to division
(A)(3) of section 2971.03 of the Revised Code, if the minimum term
of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available
for the offense from among the range of terms listed in section
2929.14 of the Revised Code. As used in this division, "designated
homicide, assault, or kidnapping offense" and "violent sex
offense" have the same meanings as in section 2971.01 of the
Revised Code. As used in this division, "adjudicated a sexually
violent predator" has the same meaning as in section 2929.01 of
the Revised Code, and a person is "adjudicated a sexually violent
predator" in the same manner and the same circumstances as are
described in that section.

(4) The sentence is contrary to law.

(5) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (B)(2)(a) of section
2929.14 of the Revised Code.

(B) In addition to any other right to appeal and except as
provided in division (D) of this section, a prosecuting attorney,
a city director of law, village solicitor, or similar chief legal
officer of a municipal corporation, or the attorney general, if
one of those persons prosecuted the case, may appeal as a matter
of right a sentence imposed upon a defendant who is convicted of
or pleads guilty to a felony or, in the circumstances described in
division (B)(3) of this section the modification of a sentence
imposed upon such a defendant, on any of the following grounds:

(1) The sentence did not include a prison term despite a
presumption favoring a prison term for the offense for which it
was imposed, as set forth in section 2929.13 or Chapter 2925. of
the Revised Code.

(2) The sentence is contrary to law.

(3) The sentence is a modification under section 2929.20 of
the Revised Code of a sentence that was imposed for a felony of
the first or second degree.

(C)(1) In addition to the right to appeal a sentence granted
under division (A) or (B) of this section, a defendant who is
convicted of or pleads guilty to a felony may seek leave to appeal
a sentence imposed upon the defendant on the basis that the
sentencing judge has imposed consecutive sentences under division
(C)(3) of section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense of which
the defendant was convicted. Upon the filing of a motion under
this division, the court of appeals may grant leave to appeal the
sentence if the court determines that the allegation included as
the basis of the motion is true.

(2) A defendant may seek leave to appeal an additional
sentence imposed upon the defendant pursuant to division (B)(2)(a)
or (b) of section 2929.14 of the Revised Code if the additional
sentence is for a definite prison term that is longer than five
years.

(D)(1) A sentence imposed upon a defendant is not subject to
review under this section if the sentence is authorized by law,
has been recommended jointly by the defendant and the prosecution
in the case, and is imposed by a sentencing judge.

(2) Except as provided in division (C)(2) of this section, a
sentence imposed upon a defendant is not subject to review under
this section if the sentence is imposed pursuant to division
(B)(2)(b) of section 2929.14 of the Revised Code. Except as
otherwise provided in this division, a defendant retains all
rights to appeal as provided under this chapter or any other
provision of the Revised Code. A defendant has the right to appeal
under this chapter or any other provision of the Revised Code the
court's application of division (B)(2)(c) of section 2929.14 of
the Revised Code.

(3) A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised Code is not
subject to review under this section.

(E) A defendant, prosecuting attorney, city director of law,
village solicitor, or chief municipal legal officer shall file an
appeal of a sentence under this section to a court of appeals
within the time limits specified in Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant to
division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion
that makes the sentence modification in question. A sentence
appeal under this section shall be consolidated with any other
appeal in the case. If no other appeal is filed, the court of
appeals may review only the portions of the trial record that
pertain to sentencing.

(F) On the appeal of a sentence under this section, the
record to be reviewed shall include all of the following, as
applicable:

(1) Any presentence, psychiatric, or other investigative
report that was submitted to the court in writing before the
sentence was imposed. An appellate court that reviews a
presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in
connection with the appeal of a sentence under this section shall
comply with division (D)(3) of section 2951.03 of the Revised Code
when the appellate court is not using the presentence
investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with
the appeal of a sentence under this section does not affect the
otherwise confidential character of the contents of that report as
described in division (D)(1) of section 2951.03 of the Revised
Code and does not cause that report to become a public record, as
defined in section 149.43 of the Revised Code, following the
appellate court's use of the report.

(2) The trial record in the case in which the sentence was
imposed;

(3) Any oral or written statements made to or by the court at
the sentencing hearing at which the sentence was imposed;

(4) Any written findings that the court was required to make
in connection with the modification of the sentence pursuant to a
judicial release under division (I) of section 2929.20 of the
Revised Code.

(G)(1) If the sentencing court was required to make the
findings required by division (B) or (D) of section 2929.13 or
division (I) of section 2929.20 of the Revised Code, or to state
the findings of the trier of fact required by division (B)(2)(e)
of section 2929.14 of the Revised Code, relative to the imposition
or modification of the sentence, and if the sentencing court
failed to state the required findings on the record, the court
hearing an appeal under division (A), (B), or (C) of this section
shall remand the case to the sentencing court and instruct the
sentencing court to state, on the record, the required findings.

(2) The court hearing an appeal under division (A), (B), or
(C) of this section shall review the record, including the
findings underlying the sentence or modification given by the
sentencing court.

The appellate court may increase, reduce, or otherwise modify
a sentence that is appealed under this section or may vacate the
sentence and remand the matter to the sentencing court for
resentencing. The appellate court's standard for review is not
whether the sentencing court abused its discretion. The appellate
court may take any action authorized by this division if it
clearly and convincingly finds either of the following:

(a) That the record does not support the sentencing court's
findings under division (B) or (D) of section 2929.13, division
(B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section
2929.20 of the Revised Code, whichever, if any, is relevant;

(b) That the sentence is otherwise contrary to law.

(H) A judgment or final order of a court of appeals under
this section may be appealed, by leave of court, to the supreme
court.

(I)(1) There is hereby established the felony sentence appeal
cost oversight committee, consisting of eight members. One member
shall be the chief justice of the supreme court or a
representative of the court designated by the chief justice, one
member shall be a member of the senate appointed by the president
of the senate, one member shall be a member of the house of
representatives appointed by the speaker of the house of
representatives, one member shall be the director of budget and
management or a representative of the office of budget and
management designated by the director, one member shall be a judge
of a court of appeals, court of common pleas, municipal court, or
county court appointed by the chief justice of the supreme court,
one member shall be the state public defender or a representative
of the office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one
member shall be a county commissioner appointed by the county
commissioners association of Ohio. No more than three of the
appointed members of the committee may be members of the same
political party.

The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the Ohio
prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial appointments to the
committee of the appointed members no later than ninety days after
July 1, 1996. Of those initial appointments to the committee, the
members appointed by the speaker of the house of representatives
and the Ohio prosecuting attorneys association shall serve a term
ending two years after July 1, 1996, the member appointed by the
chief justice of the supreme court shall serve a term ending three
years after July 1, 1996, and the members appointed by the
president of the senate and the county commissioners association
of Ohio shall serve terms ending four years after July 1, 1996.
Thereafter, terms of office of the appointed members shall be for
four years, with each term ending on the same day of the same
month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same manner provided
for original appointments. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall hold office as a member
for the remainder of the predecessor's term. An appointed member
shall continue in office subsequent to the expiration date of that
member's term until that member's successor takes office or until
a period of sixty days has elapsed, whichever occurs first.

If the chief justice of the supreme court, the director of
the office of budget and management, or the state public defender
serves as a member of the committee, that person's term of office
as a member shall continue for as long as that person holds office
as chief justice, director of the office of budget and management,
or state public defender. If the chief justice of the supreme
court designates a representative of the court to serve as a
member, the director of budget and management designates a
representative of the office of budget and management to serve as
a member, or the state public defender designates a representative
of the office of the state public defender to serve as a member,
the person so designated shall serve as a member of the commission
for as long as the official who made the designation holds office
as chief justice, director of the office of budget and management,
or state public defender or until that official revokes the
designation.

The chief justice of the supreme court or the representative
of the supreme court appointed by the chief justice shall serve as
chairperson of the committee. The committee shall meet within two
weeks after all appointed members have been appointed and shall
organize as necessary. Thereafter, the committee shall meet at
least once every six months or more often upon the call of the
chairperson or the written request of three or more members,
provided that the committee shall not meet unless moneys have been
appropriated to the judiciary budget administered by the supreme
court specifically for the purpose of providing financial
assistance to counties under division (I)(2) of this section and
the moneys so appropriated then are available for that purpose.

The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing financial assistance to counties
under division (I)(2) of this section, each member shall be
reimbursed out of the moneys so appropriated that then are
available for actual and necessary expenses incurred in the
performance of official duties as a committee member.

(2) The state criminal sentencing commission periodically
shall provide to the felony sentence appeal cost oversight
committee all data the commission collects pursuant to division
(A)(5) of section 181.25 of the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the felony
sentence appeal cost oversight committee periodically shall review
the data; determine whether any money has been appropriated to the
judiciary budget administered by the supreme court specifically
for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in
expenses the counties experience as a result of the felony
sentence appeal provisions set forth in this section or as a
result of a postconviction relief proceeding brought under
division (A)(2) of section 2953.21 of the Revised Code or an
appeal of a judgment in that proceeding; if it determines that any
money has been so appropriated, determine the total amount of
moneys that have been so appropriated specifically for that
purpose and that then are available for that purpose; and develop
a recommended method of distributing those moneys to the counties.
The committee shall send a copy of its recommendation to the
supreme court. Upon receipt of the committee's recommendation, the
supreme court shall distribute to the counties, based upon that
recommendation, the moneys that have been so appropriated
specifically for the purpose of providing state financial
assistance to counties under this division and that then are
available for that purpose.

Sec. 4712.15. The superintendent of financial institutions
shall comply with section 4776.20 of the Revised Code.

Sec. 4713.64. (A) In accordance with Chapter 119. of the
Revised Code, theThe state board of cosmetology may deny, revoke,
or suspend a license or permit issued by the board or impose a
finetake disciplinary action for any of the following:

(1) Failure to comply with the requirements of this chapter
or rules adopted under it;

(2) Continued practice by a person knowingly having an
infectious or contagious disease;

(3) Habitual drunkenness or addiction to any habit-forming
drug;

(4) Willful false and fraudulent or deceptive advertising;

(5) Falsification of any record or application required to be
filed with the board;

(6) Failure to pay a fine or abide by a suspension order
issued by the board.

(B)
On determining that there is cause for disciplinary
action, the board may do one or more of the following:

(1) Deny, revoke, or suspend a license or permit issued by
the board;

(2) Impose a fine;

(3) Require the holder of a license or permit to take
corrective action courses.

(C) The amount and content of corrective action courses and
other relevant criteria shall be established by the board in rules
adopted under section 4713.08 of the Revised Code.

(D) The board may impose a separate fine for each offense
listed in division (A) of this section. The amount of a fine shall
be not more than five hundred dollars if the violator has not
previously been fined for that offense. The fine shall be not more
than one thousand dollars if the violator has been fined for the
same offense once before. The fine shall be not more than one
thousand five hundred dollars if the violator has been fined for
the same offense two or more times before.

(C)(E) If a person fails to request a hearing within thirty
days of the date the board, in accordance with section 119.07 of
the Revised Code, notifies the person of the board's intent to act
against the person under division (A) of this section, the board
by a majority vote of a quorum of the board members may take the
action against the person without holding an adjudication hearing.

(D)(F) The board, after a hearing in accordance with Chapter
119. of the Revised Code, may suspend a tanning facility permit if
the owner or operator fails to correct an unsafe condition that
exists in violation of the board's rules or fails to cooperate in
an inspection of the tanning facility. If a violation has resulted
in a condition reasonably believed by an inspector to create an
immediate danger to the health and safety of any person using the
tanning facility, the inspector may suspend the permit without a
prior hearing until the condition is corrected or until a hearing
in accordance with Chapter 119. of the Revised Code is held and
the board either upholds the suspension or reinstates the permit.

Sec. 4713.68. The state board of cosmetology shall comply
with section 4776.20 of the Revised Code.

Sec. 4715.101. (A) As used in this section:

(1), "Licenselicense" has the same meaning as in division
(A)(2) of section 4776.01 of the Revised Code.

(2)and "Applicantapplicant for an initial license" hashave
the same meaningmeanings as in division (D) of section 4776.01 of
the Revised Code.

(B) In addition to any other eligibility requirement set
forth in this chapter, each applicant for an initial license
issued pursuant to section 4715.12, 4715.16, 4715.21, or 4715.27
of the Revised Code shall comply with sections 4776.01 to 4776.04
of the Revised Code. The state dental board shall not grant a
license to an applicant for an initial license issued pursuant to
section 4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code
unless the applicant complies with sections 4776.01 to 4776.04 of
the Revised Code and the board, in its discretion, decides that
the results of the criminal records check do not make the
applicant ineligible for a license issued pursuant to section
4715.12, 4715.16, 4715.21, or 4715.27 of the Revised Code.

Sec. 4715.41. The state dental board shall comply with
section 4776.20 of the Revised Code.

Sec. 4717.04. (A) The board of embalmers and funeral
directors shall adopt rules in accordance with Chapter 119. of the
Revised Code for the government, transaction of the business, and
the management of the affairs of the board of embalmers and
funeral directors and the crematory review board, and for the
administration and enforcement of this chapter. These rules shall
include all of the following:

(1) The nature, scope, content, and form of the application
that must be completed and license examination that must be passed
in order to receive an embalmer's license or a funeral director's
license under section 4717.05 of the Revised Code. The rules shall
ensure both of the following:

(a) That the embalmer's license examination tests the
applicant's knowledge through at least a comprehensive section and
an Ohio laws section;

(b) That the funeral director's license examination tests the
applicant's knowledge through at least a comprehensive section, an
Ohio laws section, and a sanitation section.

(2) The minimum license examination score necessary to be
licensed under section 4717.05 of the Revised Code as an embalmer
or as a funeral director;

(3) Procedures for determining the dates of the embalmer's
and funeral director's license examinations, which shall be
administered at least once each year, the time and place of each
examination, and the supervision required for each examination;

(4) Procedures for determining whether the board shall accept
an applicant's compliance with the licensure, registration, or
certification requirements of another state as grounds for
granting the applicant a license under this chapter;

(5) A determination of whether completion of a nationally
recognized embalmer's or funeral director's examination
sufficiently meets the license requirements for the comprehensive
section of either the embalmer's or the funeral director's license
examination administered under this chapter;

(8) Requirements for the licensing and operation of embalming
facilities;

(9) A schedule that lists, and specifies a forfeiture
commensurate with, each of the following types of conduct which,
for the purposes of division (A)(9) of this section and section
4717.15 of the Revised Code, are violations of this chapter:

(a) Obtaining a license under this chapter by fraud or
misrepresentation either in the application or in passing the
required examination for the license;

(b) Purposely violating any provision of sections 4717.01 to
4717.15 of the Revised Code or a rule adopted under any of those
sections; division (A) or (B) of section 4717.23; division (B)(1)
or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions
(H) to (K) of section 4717.26; division (D)(1) of section 4717.27;
or divisions (A) to (C) of section 4717.28 of the Revised Code;

(c) Committing unprofessional conduct;

(d) Knowingly permitting an unlicensed person, other than a
person serving an apprenticeship, to engage in the profession or
business of embalming or funeral directing under the licensee's
supervision;

(e) Refusing to promptly submit the custody of a dead human
body upon the express order of the person legally entitled to the
body;

(f) Transferring a license to operate a funeral home,
embalming facility, or crematory facility from one owner or
operator to another, or from one location to another, without
notifying the board;

(g) Misleading the public using false or deceptive
advertising.

Each instance of the commission of any of the types of
conduct described in divisions (A)(9)(a), (b), (c), (d), (e), (f),
and (g) of this section is a separate violation. The rules adopted
under division (A)(9) of this section shall establish the amount
of the forfeiture for a violation of each of those divisions. The
forfeiture for a first violation shall not exceed five thousand
dollars, and the forfeiture for a second or subsequent violation
shall not exceed ten thousand dollars. The amount of the
forfeiture may differ among the types of violations according to
what the board considers the seriousness of each violation.

(10) Requirements for the licensing and operation of
crematory facilities;

(11) Procedures for the issuance of duplicate licenses;

(12) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code;

(13) The amount and content of corrective action courses
required by the board under section 4717.14 of the Revised Code.

(B) The board may adopt rules governing the educational
standards for licensure as an embalmer or funeral director and the
standards of service and practice to be followed in embalming and
funeral directing and in the operation of funeral homes, embalming
facilities, and crematory facilities in this state.

(C) Nothing in this chapter authorizes the board of embalmers
and funeral directors to regulate cemeteries, except that the
board shall license and regulate crematories located at cemeteries
in accordance with this chapter.

Sec. 4717.14. (A) The board of embalmers and funeral
directors may refuse to grant or renew, or may suspend or revoke,
any license issued under this chapter or may require the holder of
a license to take corrective action courses for any of the
following reasons:

(1) The license was obtained by fraud or misrepresentation
either in the application or in passing the examination.

(2) The applicant or licensee has been convicted of or has
pleaded guilty to a felony or of any crime involving moral
turpitude.

(3) The applicant or licensee has purposely violated any
provision of sections 4717.01 to 4717.15 or a rule adopted under
any of those sections; division (A) or (B) of section 4717.23;
division (B)(1) or (2), (C)(1) or (2), (D), (E), or (F)(1) or (2),
or divisions (H) to (K) of section 4717.26; division (D)(1) of
section 4717.27; or divisions (A) to (C) of section 4717.28 of the
Revised Code; any rule or order of the department of health or a
board of health of a health district governing the disposition of
dead human bodies; or any other rule or order applicable to the
applicant or licensee.

(4) The applicant or licensee has committed immoral or
unprofessional conduct.

(5) The applicant or licensee knowingly permitted an
unlicensed person, other than a person serving an apprenticeship,
to engage in the profession or business of embalming or funeral
directing under the applicant's or licensee's supervision.

(6) The applicant or licensee has been habitually
intoxicated, or is addicted to the use of morphine, cocaine, or
other habit-forming or illegal drugs.

(7) The applicant or licensee has refused to promptly submit
the custody of a dead human body upon the express order of the
person legally entitled to the body.

(8) The licensee loaned the licensee's own license, or the
applicant or licensee borrowed or used the license of another
person, or knowingly aided or abetted the granting of an improper
license.

(9) The applicant or licensee transferred a license to
operate a funeral home, embalming facility, or crematory from one
owner or operator to another, or from one location to another,
without notifying the board.

(10) The applicant or licensee misleadmisled the public by
using false or deceptive advertising.

(B)(1) The board of embalmers and funeral directors shall
refuse to grant or renew, or shall suspend or revoke, an
embalmer's, funeral director's, funeral home, or embalming
facility license only in accordance with Chapter 119. of the
Revised Code.

(2) The board shall send to the crematory review board
written notice that it proposes to refuse to issue or renew, or
proposes to suspend or revoke, a license to operate a crematory
facility. If, after the conclusion of the adjudicatory hearing on
the matter conducted under division (E) of section 4717.03 of the
Revised Code, the board of embalmers and funeral directors finds
that any of the circumstances described in divisions (A)(1) to
(10) of this section apply to the person named in its proposed
action, the board may issue a final order under division (E) of
section 4717.03 of the Revised Code refusing to issue or renew, or
suspending or revoking, the person's license to operate a
crematory facility.

(C) If the board of embalmers and funeral directors
determines that there is clear and convincing evidence that any of
the circumstances described in divisions (A)(1) to (10) of this
section apply to the holder of a license issued under this chapter
and that the licensee's continued practice presents a danger of
immediate and serious harm to the public, the board may suspend
the licensee's license without a prior adjudicatory hearing. The
executive director of the board shall prepare written allegations
for consideration by the board.

The board, after reviewing the written allegations, may
suspend a license without a prior hearing.

The board shall issue a written order of suspension by
certified maila delivery system or in person in accordance with
section 119.07 of the Revised Code. Such an order is not subject
to suspension by the court during the pendency of any appeal filed
under section 119.12 of the Revised Code. If the holder of an
embalmer's, funeral director's, funeral home, or embalming
facility license requests an adjudicatory hearing by the board,
the date set for the hearing shall be within fifteen days, but not
earlier than seven days, after the licensee has requested a
hearing, unless the board and the licensee agree to a different
time for holding the hearing.

Upon issuing a written order of suspension to the holder of a
license to operate a crematory facility, the board of embalmers
and funeral directors shall send written notice of the issuance of
the order to the crematory review board. The crematory review
board shall hold an adjudicatory hearing on the order under
division (E) of section 4717.03 of the Revised Code within fifteen
days, but not earlier than seven days, after the issuance of the
order, unless the crematory review board and the licensee agree to
a different time for holding the adjudicatory hearing.

Any summary suspension imposed under this division shall
remain in effect, unless reversed on appeal, until a final
adjudicatory order issued by the board of embalmers and funeral
directors pursuant to this division and Chapter 119. of the
Revised Code, or division (E) of section 4717.03 of the Revised
Code, as applicable, becomes effective. The board of embalmers and
funeral directors shall issue its final adjudicatory order within
sixty days after the completion of its hearing or, in the case of
the summary suspension of a license to operate a crematory
facility, within sixty days after completion of the adjudicatory
hearing by the crematory review board. A failure to issue the
order within that time results in the dissolution of the summary
suspension order, but does not invalidate any subsequent final
adjudicatory order.

(D) If the board of embalmers and funeral directors suspends
or revokes a license held by a funeral director or a funeral home
for any reason identified in division (A) of this section, the
board may file a complaint with the court of common pleas in the
county where the violation occurred requesting appointment of a
receiver and the sequestration of the assets of the funeral home
that held the suspended or revoked license or the licensed funeral
home that employs the funeral director that held the suspended or
revoked license. If the court of common pleas is satisfied with
the application for a receivership, the court may appoint a
receiver.

The board or a receiver may employ and procure whatever
assistance or advice is necessary in the receivership or
liquidation and distribution of the assets of the funeral home,
and, for that purpose, may retain officers or employees of the
funeral home as needed. All expenses of the receivership or
liquidation shall be paid from the assets of the funeral home and
shall be a lien on those assets, and that lien shall be a priority
to any other lien.

(E) Any holder of a license issued under this chapter who has
pleaded guilty to, has been found by a judge or jury to be guilty
of, or has had a judicial finding of eligibility for treatment in
lieu of conviction entered against the individual in this state
for aggravated murder, murder, voluntary manslaughter, felonious
assault, kidnapping, rape, sexual battery, gross sexual
imposition, aggravated arson, aggravated robbery, or aggravated
burglary, or who has pleaded guilty to, has been found by a judge
or jury to be guilty of, or has had a judicial finding of
eligibility for treatment in lieu of conviction entered against
the individual in another jurisdiction for any substantially
equivalent criminal offense, is hereby suspended from practice
under this chapter by operation of law, and any license issued to
the individual under this chapter is hereby suspended by operation
of law as of the date of the guilty plea, verdict or finding of
guilt, or judicial finding of eligibility for treatment in lieu of
conviction, regardless of whether the proceedings are brought in
this state or another jurisdiction. The board shall notify the
suspended individual of the suspension of the individual's license
by the operation of this division by certified maila delivery
system or in person in accordance with section 119.07 of the
Revised Code. If an individual whose license is suspended under
this division fails to make a timely request for an adjudicatory
hearing, the board shall enter a final order revoking the license.

(F) No person whose license has been suspended or revoked
under or by the operation of this section shall practice embalming
or funeral directing or operate a funeral home, embalming
facility, or crematory facility until the board has reinstated the
person's license.

Sec. 4717.39. The board of embalmers and funeral directors
shall comply with section 4776.20 of the Revised Code.

Sec. 4719.22. The attorney general shall comply with section
4776.20 of the Revised Code.

Sec. 4723.92. The board of nursing shall comply with section
4776.20 of the Revised Code.

Sec. 4725.19. (A) In accordance with Chapter 119. of the
Revised Code and by an affirmative vote of a majority of its
members, the state board of optometry, for any of the reasons
specified in division (B) of this section, shall refuse to grant a
certificate of licensure to an applicant and may, with respect to
a licensed optometrist, do one or more of the following:

(1) Suspend the operation of any certificate of licensure,
topical ocular pharmaceutical agents certificate, or therapeutic
pharmaceutical agents certificate, or all certificates granted by
it to the optometrist;

(2) Permanently revoke any or all of the certificates;

(3) Limit or otherwise place restrictions on any or all of
the certificates;

(4) Reprimand the optometrist;

(5) Impose a monetary penalty. If the reason for which the
board is imposing the penalty involves a criminal offense that
carries a fine under the Revised Code, the penalty shall not
exceed the maximum fine that may be imposed for the criminal
offense. In any other case, the penalty imposed by the board shall
not exceed five hundred dollars.

(6) Require the optometrist to take corrective action
courses.

The amount and content of corrective action courses shall be
established by the board in rules adopted under section 4725.09 of
the Revised Code.

(B) The sanctions specified in division (A) of this section
may be taken by the board for any of the following reasons:

(1) Committing fraud in passing the licensing examination or
making false or purposely misleading statements in an application
for a certificate of licensure;

(2) Being at any time guilty of immorality, regardless of the
jurisdiction in which the act was committed;

(3) Being guilty of dishonesty or unprofessional conduct in
the practice of optometry;

(4) Being at any time guilty of a felony, regardless of the
jurisdiction in which the act was committed;

(5) Being at any time guilty of a misdemeanor committed in
the course of practice, regardless of the jurisdiction in which
the act was committed;

(6) Violating the conditions of any limitation or other
restriction placed by the board on any certificate issued by the
board;

(7) Engaging in the practice of optometry as provided in
division (A)(1), (2), or (3) of section 4725.01 of the Revised
Code when the certificate authorizing that practice is under
suspension, in which case the board shall permanently revoke the
certificate;

(8) Being denied a license to practice optometry in another
state or country or being subject to any other sanction by the
optometric licensing authority of another state or country, other
than sanctions imposed for the nonpayment of fees;

(9) Departing from or failing to conform to acceptable and
prevailing standards of care in the practice of optometry as
followed by similar practitioners under the same or similar
circumstances, regardless of whether actual injury to a patient is
established;

(10) Failing to maintain comprehensive patient records;

(11) Advertising a price of optical accessories, eye
examinations, or other products or services by any means that
would deceive or mislead the public;

(12) Being addicted to the use of alcohol, stimulants,
narcotics, or any other substance which impairs the intellect and
judgment to such an extent as to hinder or diminish the
performance of the duties included in the person's practice of
optometry;

(13) Engaging in the practice of optometry as provided in
division (A)(2) or (3) of section 4725.01 of the Revised Code
without authority to do so or, if authorized, in a manner
inconsistent with the authority granted;

(14) Failing to make a report to the board as required by
division (A) of section 4725.21 or section 4725.31 of the Revised
Code;

(15) Soliciting patients from door to door or establishing
temporary offices, in which case the board shall suspend all
certificates held by the optometrist;

(16) Except as provided in division (D) of this section:

(a) Waiving the payment of all or any part of a deductible or
copayment that a patient, pursuant to a health insurance or health
care policy, contract, or plan that covers optometric services,
would otherwise be required to pay if the waiver is used as an
enticement to a patient or group of patients to receive health
care services from that optometrist.

(b) Advertising that the optometrist will waive the payment
of all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or
plan that covers optometric services, would otherwise be required
to pay.

(C) Any person who is the holder of a certificate of
licensure, or who is an applicant for a certificate of licensure
against whom is preferred any charges, shall be furnished by the
board with a copy of the complaint and shall have a hearing before
the board in accordance with Chapter 119. of the Revised Code.

(D) Sanctions shall not be imposed under division (B)(16) of
this section against any optometrist who waives deductibles and
copayments:

(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copayments
shall be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Documentation of
the consent shall be made available to the board upon request.

(2) For professional services rendered to any other
optometrist licensed by the board, to the extent allowed by
sections 4725.01 to 4725.34 of the Revised Code and the rules of
the board.

Sec. 4725.61. The state board of optometry and the Ohio
optical dispensers board shall comply with section 4776.20 of the
Revised Code.

Sec. 4727.22. The division of consumer finance shall comply
with section 4776.20 of the Revised Code.

Sec. 4728.15. The division of consumer finance shall comply
with section 4776.20 of the Revised Code.

Sec. 4729.87. The state board of pharmacy shall comply with
section 4776.20 of the Revised Code.

Sec. 4730.54. The state medical board shall comply with
section 4776.20 of the Revised Code.

Sec. 4731.95. The state medical board shall comply with
section 4776.20 of the Revised Code.

Sec. 4732.32. The state board of psychology shall comply
with section 4776.20 of the Revised Code.

Sec. 4733.28. The state board of registration for
professional engineers and surveyors shall comply with section
4776.20 of the Revised Code.

Sec. 4734.57. The state chiropractic board shall comply with
section 4776.20 of the Revised Code.

Sec. 4735.76. The superintendent of real estate shall comply
with section 4776.20 of the Revised Code.

Sec. 4736.18. The state board of sanitarian registration
shall comply with section 4776.20 of the Revised Code.

Sec. 4737.14. The director of public safety shall comply
with section 4776.20 of the Revised Code.

Sec. 4753.16. The board of speech-language pathology and
audiology shall comply with section 4776.20 of the Revised Code.

Sec. 4755.06. The occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may make reasonable rules in accordance with Chapter 119. of
the Revised Code relating to, but not limited to, the following:

(A) The form and manner for filing applications for licensure
under sections 4755.04 to 4755.13 of the Revised Code;

(B) The issuance, suspension, and revocation of the licenses
and the conducting of investigations and hearings;

(C) Standards for approval of courses of study relative to
the practice of occupational therapy;

(D) The time and form of examination for the licensure;

(E) Standards of ethical conduct in the practice of
occupational therapy;

(F) The form and manner for filing applications for renewal
and a schedule of deadlines for renewal;

(G) The conditions under which a license of a licensee who
files a late application for renewal will be reinstated;

(H) Placing an existing license in escrow;

(I) The amount, scope, and nature of continuing education
activities required for license renewal, including waivers of the
continuing education requirements;

(J) Guidelines for limited permits;

(K) Requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code;

(L) Subject to section 4755.061 of the Revised Code, the
amount for each fee specified in section 4755.12 of the Revised
Code that the section charges;

(M) The amount and content of corrective action courses
required by the board under section 4755.11 of the Revised Code.

The section may hear testimony in matters relating to the
duties imposed upon it, and the chairperson and secretary of the
section may administer oaths. The section may require proof,
beyond the evidence found in the application, of the honesty,
truthfulness, and good reputation of any person named in an
application for licensure, before admitting the applicant to an
examination or issuing a license.

Sec. 4755.11. (A) In accordance with Chapter 119. of the
Revised Code, the occupational therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may suspend, revoke, or refuse to issue or renew an
occupational therapist license, occupational therapy assistant
license, occupational therapist limited permit, occupational
therapy assistant limited permit, or reprimand, fine, or place a
license or limited permit holder on probation, or require the
license or limited permit holder to take corrective action
courses, for any of the following:

(1) Conviction of an offense involving moral turpitude or a
felony, regardless of the state or country in which the conviction
occurred;

(2) Violation of any provision of sections 4755.04 to 4755.13
of the Revised Code;

(3) Violation of any lawful order or rule of the occupational
therapy section;

(4) Obtaining or attempting to obtain a license or limited
permit issued by the occupational therapy section by fraud or
deception, including the making of a false, fraudulent, deceptive,
or misleading statements in relation to these activities;

(5) Negligence, unprofessional conduct, or gross misconduct
in the practice of the profession of occupational therapy;

(6) Accepting commissions or rebates or other forms of
remuneration for referring persons to other professionals;

(7) Communicating, without authorization, information
received in professional confidence;

(8) Using controlled substances, habit forming drugs, or
alcohol to an extent that it impairs the ability to perform the
work of an occupational therapist, occupational therapy assistant,
occupational therapist limited permit holder, or occupational
therapy assistant limited permit holder;

(9) Practicing in an area of occupational therapy for which
the individual is untrained or incompetent;

(12) Denial, revocation, suspension, or restriction of
authority to practice a health care occupation, including
occupational therapy, for any reason other than a failure to
renew, in Ohio or another state or jurisdiction;

(13) Except as provided in division (B) of this section:

(a) Waiving the payment of all or any part of a deductible or
copayment that a patient, pursuant to a health insurance or health
care policy, contract, or plan that covers occupational therapy,
would otherwise be required to pay if the waiver is used as an
enticement to a patient or group of patients to receive health
care services from that provider;

(b) Advertising that the individual will waive the payment of
all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or
plan that covers occupational therapy, would otherwise be required
to pay.

(14) Working or representing oneself as an occupational
therapist, occupational therapy assistant, occupational therapist
limited permit holder, or occupational therapy assistant limited
permit holder without a current and valid license or limited
permit issued by the occupational therapy section;

(15) Engaging in a deceptive trade practice, as defined in
section 4165.02 of the Revised Code;

(16) Violation of the standards of ethical conduct in the
practice of occupational therapy as identified by the occupational
therapy section;

(17) A departure from, or the failure to conform to, minimal
standards of care required of licensees or limited permit holders,
whether or not actual injury to a patient is established;

(18) An adjudication by a court that the applicant, licensee,
or limited permit holder is incompetent for the purpose of holding
a license or limited permit and has not thereafter been restored
to legal capacity for that purpose;

(19)(a) Except as provided in division (A)(19)(b) of this
section, failure to cooperate with an investigation conducted by
the occupational therapy section, including failure to comply with
a subpoena or orders issued by the section or failure to answer
truthfully a question presented by the section at a deposition or
in written interrogatories.

(b) Failure to cooperate with an investigation does not
constitute grounds for discipline under this section if a court of
competent jurisdiction issues an order that either quashes a
subpoena or permits the individual to withhold the testimony or
evidence at issue.

(20) Conviction of a misdemeanor reasonably related to the
practice of occupational therapy, regardless of the state or
country in which the conviction occurred;

(21) Inability to practice according to acceptable and
prevailing standards of care because of mental or physical
illness, including physical deterioration that adversely affects
cognitive, motor, or perception skills;

(22) Violation of conditions, limitations, or agreements
placed by the occupational therapy section on a license or limited
permit to practice;

(23) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of occupational therapy;

(24) Failure to complete continuing education requirements as
prescribed in rules adopted by the occupational therapy section
under section 4755.06 of the Revised Code.

(B) Sanctions shall not be imposed under division (A)(13) of
this section against any individual who waives deductibles and
copayments as follows:

(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copayments
shall be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Documentation of
the consent shall be made available to the section upon request.

(2) For professional services rendered to any other person
licensed pursuant to sections 4755.04 to 4755.13 of the Revised
Code to the extent allowed by those sections and the rules of the
occupational therapy section.

(C) Except as provided in division (D) of this section, the
suspension or revocation of a license or limited permit under this
section is not effective until either the order for suspension or
revocation has been affirmed following an adjudication hearing, or
the time for requesting a hearing has elapsed.

When a license or limited permit is revoked under this
section, application for reinstatement may not be made sooner than
one year after the date of revocation. The occupational therapy
section may accept or refuse an application for reinstatement and
may require that the applicant pass an examination as a condition
of reinstatement.

When a license or limited permit holder is placed on
probation under this section, the occupational therapy section's
probation order shall be accompanied by a statement of the
conditions under which the individual may be removed from
probation and restored to unrestricted practice.

(D) On receipt of a complaint that a person who holds a
license or limited permit issued by the occupational therapy
section has committed any of the prohibited actions listed in
division (A) of this section, the section may immediately suspend
the license or limited permit prior to holding a hearing in
accordance with Chapter 119. of the Revised Code if it determines,
based on the complaint, that the licensee or limited permit holder
poses an immediate threat to the public. The section shall notify
the licensee or limited permit holder of the suspension in
accordance with section 119.07 of the Revised Code. If the
individual whose license or limited permit is suspended fails to
make a timely request for an adjudication under Chapter 119. of
the Revised Code, the section shall enter a final order
permanently revoking the individual's license or limited permit.

(E) If any person other than a person who holds a license or
limited permit issued under section 4755.08 of the Revised Code
has engaged in any practice that is prohibited under sections
4755.04 to 4755.13 of the Revised Code or the rules of the
occupational therapy section, the section may apply to the court
of common pleas of the county in which the violation occurred, for
an injunction or other appropriate order restraining this conduct,
and the court shall issue this order.

Sec. 4755.411. The physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board shall adopt rules in accordance with Chapter 119. of the
Revised Code pertaining to the following:

(A) Fees for the verification of a license and license
reinstatement, and other fees established by the section;

(B) Provisions for the section's government and control of
its actions and business affairs;

(C) Minimum curricula for physical therapy education programs
that prepare graduates to be licensed in this state as physical
therapists and physical therapist assistants;

(D) Eligibility criteria to take the examinations required
under sections 4755.43 and 4755.431 of the Revised Code;

(E) The form and manner for filing applications for licensure
with the section;

(F) For purposes of section 4755.46 of the Revised Code, all
of the following:

(1) A schedule regarding when licenses to practice as a
physical therapist and physical therapist assistant expire during
a biennium;

(2) An additional fee, not to exceed thirty-five dollars,
that may be imposed if a licensee files a late application for
renewal;

(3) The conditions under which the license of a person who
files a late application for renewal will be reinstated.

(G) The issuance, renewal, suspension, and permanent
revocation of a license and the conduct of hearings;

(H) Appropriate ethical conduct in the practice of physical
therapy;

(I) Requirements, including continuing education
requirements, for restoring licenses that are inactive or have
lapsed through failure to renew;

(J) Conditions that may be imposed for reinstatement of a
license following suspension pursuant to section 4755.47 of the
Revised Code;

(K) For purposes of section 4755.45 of the Revised Code, both
of the following:

(1) Identification of the credentialing organizations from
which the section will accept equivalency evaluations for foreign
physical therapist education. The physical therapy section shall
identify only those credentialing organizations that use a course
evaluation tool or form approved by the physical therapy section.

(2) Evidence, other than the evaluations described in
division (K)(1) of this section, that the section will consider
for purposes of evaluating whether an applicant's education is
reasonably equivalent to the educational requirements that were in
force for licensure in this state as a physical therapist on the
date of the applicant's initial licensure or registration in
another state or country.

(L) Standards of conduct for physical therapists and physical
therapist assistants, including requirements for supervision,
delegation, and practicing with or without referral or
prescription;

(M) Appropriate display of a license;

(N) Procedures for a licensee to follow in notifying the
section within thirty days of a change in name or address, or
both;

(O) The amount and content of corrective action courses
required by the board under section 4755.47 of the Revised Code.

Sec. 4755.47. (A) In accordance with Chapter 119. of the
Revised Code, the physical therapy section of the Ohio
occupational therapy, physical therapy, and athletic trainers
board may refuse to grant a license to an applicant for an initial
or renewed license as a physical therapist or physical therapist
assistant or, by an affirmative vote of not less than five
members, may limit, suspend, or revoke the license of a physical
therapist or physical therapist assistant or reprimand, fine,
or
place a license holder on probation, or require the license holder
to take corrective action courses, on any of the following
grounds:

(1) Habitual indulgence in the use of controlled substances,
other habit-forming drugs, or alcohol to an extent that affects
the individual's professional competency;

(2) Conviction of a felony or a crime involving moral
turpitude, regardless of the state or country in which the
conviction occurred;

(3) Obtaining or attempting to obtain a license issued by the
physical therapy section by fraud or deception, including the
making of a false, fraudulent, deceptive, or misleading statement;

(4) An adjudication by a court, as provided in section
5122.301 of the Revised Code, that the applicant or licensee is
incompetent for the purpose of holding the license and has not
thereafter been restored to legal capacity for that purpose;

(5) Subject to section 4755.471 of the Revised Code,
violation of the code of ethics adopted by the physical therapy
section;

(6) Violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of or
conspiring to violate sections 4755.40 to 4755.56 of the Revised
Code or any order issued or rule adopted under those sections;

(7) Failure of one or both of the examinations required under
section 4755.43 or 4755.431 of the Revised Code;

(8) Permitting the use of one's name or license by a person,
group, or corporation when the one permitting the use is not
directing the treatment given;

(9) Denial, revocation, suspension, or restriction of
authority to practice a health care occupation, including physical
therapy, for any reason other than a failure to renew, in Ohio or
another state or jurisdiction;

(10) Failure to maintain minimal standards of practice in the
administration or handling of drugs, as defined in section 4729.01
of the Revised Code, or failure to employ acceptable scientific
methods in the selection of drugs, as defined in section 4729.01
of the Revised Code, or other modalities for treatment;

(11) Willful betrayal of a professional confidence;

(12) Making a false, fraudulent, deceptive, or misleading
statement in the solicitation of or advertising for patients in
relation to the practice of physical therapy;

(13) A departure from, or the failure to conform to, minimal
standards of care required of licensees when under the same or
similar circumstances, whether or not actual injury to a patient
is established;

(14) Obtaining, or attempting to obtain, money or anything of
value by fraudulent misrepresentations in the course of practice;

(15) Violation of the conditions of limitation or agreements
placed by the physical therapy section on a license to practice;

(16) Failure to renew a license in accordance with section
4755.46 of the Revised Code;

(17) Except as provided in section 4755.471 of the Revised
Code, engaging in the division of fees for referral of patients or
receiving anything of value in return for a specific referral of a
patient to utilize a particular service or business;

(18) Inability to practice according to acceptable and
prevailing standards of care because of mental illness or physical
illness, including physical deterioration that adversely affects
cognitive, motor, or perception skills;

(19) The revocation, suspension, restriction, or termination
of clinical privileges by the United States department of defense
or department of veterans affairs;

(20) Termination or suspension from participation in the
medicare or medicaid program established under Title XVIII and
Title XIX, respectively, of the "Social Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as amended, for an act or acts that
constitute a violation of sections 4755.40 to 4755.56 of the
Revised Code;

(21) Failure of a physical therapist to maintain supervision
of a student, physical therapist assistant, unlicensed support
personnel, other assistant personnel, or a license applicant in
accordance with the requirements of sections 4755.40 to 4755.56 of
the Revised Code and rules adopted under those sections;

(22) Failure to complete continuing education requirements as
prescribed in section 4755.51 or 4755.511 of the Revised Code or
to satisfy any rules applicable to continuing education
requirements that are adopted by the physical therapy section;

(23) Conviction of a misdemeanor when the act that
constitutes the misdemeanor occurs during the practice of physical
therapy;

(24)(a) Except as provided in division (A)(24)(b) of this
section, failure to cooperate with an investigation conducted by
the physical therapy section, including failure to comply with a
subpoena or orders issued by the section or failure to answer
truthfully a question presented by the section at a deposition or
in written interrogatories.

(b) Failure to cooperate with an investigation does not
constitute grounds for discipline under this section if a court of
competent jurisdiction issues an order that either quashes a
subpoena or permits the individual to withhold the testimony or
evidence at issue.

(25) Regardless of whether the contact or verbal behavior is
consensual, engaging with a patient other than the spouse of the
physical therapist or physical therapist assistant, in any of the
following:

(a) Sexual contact, as defined in section 2907.01 of the
Revised Code;

(b) Verbal behavior that is sexually demeaning to the patient
or may be reasonably interpreted by the patient as sexually
demeaning.

(26) Failure to notify the physical therapy section of a
change in name, business address, or home address within thirty
days after the date of change;

(27) Except as provided in division (B) of this section:

(a) Waiving the payment of all or any part of a deductible or
copayment that a patient, pursuant to a health insurance or health
care policy, contract, or plan that covers physical therapy, would
otherwise be required to pay if the waiver is used as an
enticement to a patient or group of patients to receive health
care services from that provider;

(b) Advertising that the individual will waive the payment of
all or any part of a deductible or copayment that a patient,
pursuant to a health insurance or health care policy, contract, or
plan that covers physical therapy, would otherwise be required to
pay;

(28) Violation of any section of this chapter or rule adopted
under it.

(B) Sanctions shall not be imposed under division (A)(27) of
this section against any individual who waives deductibles and
copayments as follows:

(1) In compliance with the health benefit plan that expressly
allows such a practice. Waiver of the deductibles or copayments
shall be made only with the full knowledge and consent of the plan
purchaser, payer, and third-party administrator. Documentation of
the consent shall be made available to the physical therapy
section upon request.

(2) For professional services rendered to any other person
licensed pursuant to sections 4755.40 to 4755.56 of the Revised
Code to the extent allowed by those sections and the rules of the
physical therapy section.

(C) When a license is revoked under this section, application
for reinstatement may not be made sooner than one year after the
date of revocation. The physical therapy section may accept or
refuse an application for reinstatement and may require that the
applicant pass an examination as a condition for reinstatement.

When a license holder is placed on probation under this
section, the physical therapy section's order for placement on
probation shall be accompanied by a statement of the conditions
under which the individual may be removed from probation and
restored to unrestricted practice.

(D) When an application for an initial or renewed license is
refused under this section, the physical therapy section shall
notify the applicant in writing of the section's decision to
refuse issuance of a license and the reason for its decision.

(E) On receipt of a complaint that a person licensed by the
physical therapy section has committed any of the actions listed
in division (A) of this section, the physical therapy section may
immediately suspend the license of the physical therapist or
physical therapist assistant prior to holding a hearing in
accordance with Chapter 119. of the Revised Code if it determines,
based on the complaint, that the person poses an immediate threat
to the public. The physical therapy section shall notify the
person of the suspension in accordance with section 119.07 of the
Revised Code. If the person fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the physical
therapy section shall enter a final order permanently revoking the
person's license.

Sec. 4757.10. The counselor, social worker, and marriage and
family therapist board may adopt any rules necessary to carry out
this chapter.

The board shall adopt rules that do all of the following:

(A) Concern intervention for and treatment of any impaired
person holding a license or certificate of registration issued
under this chapter;

(B) Establish standards for training and experience of
supervisors described in division (C) of section 4757.30 of the
Revised Code;

(C) Define the requirement that an applicant be of good moral
character in order to be licensed or registered under this
chapter;

(D) Establish requirements for criminal records checks of
applicants under section 4776.03 of the Revised Code;

(E) Establish a graduated system of fines based on the scope
and severity of violations and the history of compliance, not to
exceed five hundred dollars per incident, that any professional
standards committee of the board may charge for a disciplinary
violation described in section 4757.36 of the Revised Code;

(F) Establish the amount and content of corrective action
courses required by the board under section 4755.36 of the Revised
Code.

All rules adopted under this section shall be adopted in
accordance with Chapter 119. of the Revised Code. When it adopts
rules under this section or any other section of this chapter, the
board may consider standards established by any national
association or other organization representing the interests of
those involved in professional counseling, social work, or
marriage and family therapy.

Sec. 4757.36. (A) The appropriate professional standards
committee of the counselor, social worker, and marriage and family
therapist board may, in accordance with Chapter 119. of the
Revised Code, take any action specified in division (B) of this
section against an individual who has applied for or holds a
license to practice as a professional clinical counselor,
professional counselor, independent marriage and family therapist,
marriage and family therapist, social worker, or independent
social worker, or a certificate of registration to practice as a
social work assistant, for any reason described in division (C) of
this section.

(B) In its imposition of sanctions against an individual, the
board may do any of the following:

(1) Refuse to issue or refuse to renew a license or
certificate of registration;

(2) Suspend, revoke, or otherwise restrict a license or
certificate of registration;

(3) Reprimand an individual holding a license or certificate
of registration;

(4) Impose a fine in accordance with the graduated system of
fines established by the board in rules adopted under section
4757.10 of the Revised Code;

(5) Require an individual holding a license or certificate of
registration to take corrective action courses.

(C) The appropriate professional standards committee of the
board may take an action specified in division (B) of this section
for any of the following reasons:

(1) Commission of an act that violates any provision of this
chapter or rules adopted under it;

(2) Knowingly making a false statement on an application for
licensure or registration, or for renewal of a license or
certificate of registration;

(3) Accepting a commission or rebate for referring persons to
any professionals licensed, certified, or registered by any court
or board, commission, department, division, or other agency of the
state, including, but not limited to, individuals practicing
counseling, social work, or marriage and family therapy or
practicing in fields related to counseling, social work, or
marriage and family therapy;

(4) A failure to comply with section 4757.12 of the Revised
Code;

(5) A conviction in this or any other state of a crime that
is a felony in this state;

(6) A failure to perform properly as a professional clinical
counselor, professional counselor, independent marriage and family
therapist, marriage and family therapist, social work assistant,
social worker, or independent social worker due to the use of
alcohol or other drugs or any other physical or mental condition;

(7) A conviction in this state or in any other state of a
misdemeanor committed in the course of practice as a professional
clinical counselor, professional counselor, independent marriage
and family therapist, marriage and family therapist, social work
assistant, social worker, or independent social worker;

(8) Practicing outside the scope of practice applicable to
that person;

(9) Practicing in violation of the supervision requirements
specified under sections 4757.21 and 4757.26, and division (E) of
section 4757.30, of the Revised Code;

(10) A violation of the person's code of ethical practice
adopted by rule of the board pursuant to section 4757.11 of the
Revised Code;

(11) Revocation or suspension of a license or certificate of
registration, or the voluntary surrender of a license or
certificate of registration in another state or jurisdiction for
an offense that would be a violation of this chapter.

(D) One year or more after the date of suspension or
revocation of a license or certificate of registration under this
section, application may be made to the appropriate professional
standards committee for reinstatement. The committee may accept or
refuse an application for reinstatement. If a license has been
suspended or revoked, the committee may require an examination for
reinstatement.

(E) On request of the board, the attorney general shall bring
and prosecute to judgment a civil action to collect any fine
imposed under division (B)(4) of this section that remains unpaid.

(F) All fines collected under division (B)(4) of this section
shall be deposited into the state treasury to the credit of the
occupational licensing and regulatory fund.

Sec. 4757.45. The counselor, social worker, and marriage and
family therapist board shall comply with section 4776.20 of the
Revised Code.

Sec. 4773.09. The department of health shall comply with
section 4776.20 of the Revised Code.

Sec. 4774.22. The state medical board shall comply with
section 4776.20 of the Revised Code.

Sec. 4776.01. As used in this chapter:

(A) "License" means any of the following:

(1) Anan authorization evidenced by a license, certificate,
registration, permit, card, or other authority that is issued or
conferred by a licensing agency described in division (C)(1) of
this section to a licensee or to an applicant for an initial
license by which the licensee or initial license applicant has or
claims the privilege to engage in a profession, occupation, or
occupational activity, or, except in the case of the state dental
board, to have control of and operate certain specific equipment,
machinery, or premises, over which the licensing agency has
jurisdiction.

(2) An authorization evidenced by a license or certificate
that is issued by a licensing agency described in division (C)(2)
of this section pursuant to section 4715.12, 4715.16, 4715.21, or
4715.27 of the Revised Code to a licensee or to an applicant for
an initial license by which the licensee or initial license
applicant has or claims the privilege to engage in a profession,
occupation, or occupational activity over which the licensing
agency has jurisdiction.

(B) Except as provided in section 4776.20 of the Revised
Code, "Licenseelicensee" means the person to whom the license is
issued by a licensing agency.

(C) Except as provided in section 4776.20 of the Revised
Code, "Licensinglicensing agency" means any of the following:

(1) The board authorized by Chapters 4701., 4717., 4725.,
4729., 4730., 4731., 4732., 4734., 4740., 4741., 4755., 4757.,
4759., 4760., 4761., 4762., and 4779. of the Revised Code to issue
a license to engage in a specific profession, occupation, or
occupational activity, or to have charge of and operate certain
specified equipment, machinery, or premises.

(2) The state dental board, relative to its authority to
issue a license pursuant to section 4715.12, 4715.16, 4715.21, or
4715.27 of the Revised Code.

(D) "Applicant for an initial license" includes persons
seeking a license for the first time and persons seeking a license
by reciprocity, endorsement, or similar manner of a license issued
in another state.

(E) "Applicant for a restored license" includes persons
seeking restoration of a certificate under section 4730.14,
4731.281, 4760.06, or 4762.06 of the Revised Code.

(F) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.

(2) "Licensee" means, in addition to a licensee as described
in division (B) of section 4776.01 of the Revised Code, the person
to whom a license is issued by the board or other government
entity authorized to issue a license under Chapters 4703., 4707.,
4709., 4712., 4713., 4719., 4723., 4727., 4728., 4733., 4735.,
4736., 4737., 4738., 4740., 4742., 4747., 4749., 4751., 4752.,
4753., 4758., 4759., 4763., 4765., 4766., 4771., 4773., 4774.,
4778., and 4781. of the Revised Code.

(3) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.

(B) On a licensee's conviction of, plea of guilty to,
judicial finding of guilt of, or judicial finding of guilt
resulting from a plea of no contest to the offense of trafficking
in persons in violation of section 2905.32 of the Revised Code,
the prosecutor in the case shall promptly notify the licensing
agency of the conviction, plea, or finding and provide the
licensee's name and residential address. On receipt of this
notification, the licensing agency shall immediately suspend the
licensee's license.

(C) If there is a conviction of, plea of guilty to, judicial
finding of guilt of, or judicial finding of guilt resulting from a
plea of no contest to the offense of trafficking in persons in
violation of section 2905.32 of the Revised Code and all or part
of the violation occurred on the premises of a facility that is
licensed by a licensing agency, the prosecutor in the case shall
promptly notify the licensing agency of the conviction, plea, or
finding and provide the facility's name and address and the
offender's name and residential address. On receipt of this
notification, the licensing agency shall immediately suspend the
facility's license.

(D) Notwithstanding any provision of the Revised Code to the
contrary, the suspension of a license under division (B) or (C) of
this section shall be implemented by a licensing agency without a
prior hearing. After the suspension, the licensing agency shall
give written notice to the subject of the suspension of the right
to request a hearing under Chapter 119. of the Revised Code. After
a hearing is held, the licensing agency shall either revoke or
permanently revoke the licence of the subject of the suspension,
unless it determines that the license holder has not been
convicted of, pleaded guilty to, been found guilty of, or been
found guilty based on a plea of no contest to the offense of
trafficking in persons in violation of section 2905.32 of the
Revised Code.

Sec. 4778.25. The state medical board shall comply with
section 4776.20 of the Revised Code.

Sec. 4779.34. The state board of orthotics, prosthetics, and
pedorthics shall comply with section 4776.20 of the Revised Code.

Sec. 5322.01. As used in sections 5322.01 to 5322.05 of the
Revised Code:

(A) "Self-service storage facility" means any real property
that is designed and used only for the purpose of renting or
leasing individual storage space in the facility under the
following conditions:

(1) The occupants have access to the storage space only for
the purpose of storing and removing personal property;.

(2) The owner does not issue a warehouse receipt, bill of
lading, or other document of title, as defined in section 1301.201
of the Revised Code, for the personal property stored in the
storage space;

(3) The property has fifty or more individual storage spaces.

"Self-service storage facility" does not include any garage
used principally for parking motor vehicles, any garage or storage
area in a private residence, an establishment licensed pursuant to
sections 915.14 to 915.24 of the Revised Code, or any property of
a bank or savings and loan association that contains vaults, safe
deposit boxes, or other receptacles for the uses, purposes, and
benefits of the bank's or savings and loan association's
customers.

(B) "Owner" means a person that is either the owner of a
self-service storage facility or the lessor of an entire
self-service storage facility and that receives rent from an
occupant pursuant to a rental agreement that the person enters
into with the occupant.

(C) "Occupant" means a person that rents storage space at a
self-service storage facility pursuant to a rental agreement that
the person enters into with the owner.

(D) "Rental agreement" means any written agreement that is
entered into by the owner and the occupant and that establishes
the terms and conditions of the occupant's use of storage space at
a self-service storage facility.

(E) "Personal property" means money and every animate or
inanimate tangible thing that is the subject of ownership, except
anything forming part of a parcel of real estate, as defined in
section 5701.02 of the Revised Code, and except anything that is
an agricultural commodity, as defined in division (A) of section
926.01 of the Revised Code.

(F) "Late fee" means any fee or charge assessed for an
occupant's failure to pay rent when due. "Late fee" does not
include interest on a debt, reasonable expenses incurred in the
collection of unpaid rent, or costs associated with the
enforcement of any other remedy provided by statute or contract.

(G) "Last known address" means either of the following:

(1) The mailing address provided by the occupant in the most
recent rental agreement or the mailing address provided by the
occupant in a subsequent written notice of a change of address;

(2) The mailing address of any of the persons described in
division (A) of section 5322.03 of the Revised Code that is
provided by any of those persons to the owner of a self-service
storage facility or that is discovered by the owner of a
self-service storage facility.

Sec. 5322.02. (A) The owner of a self-service storage
facility has a lien against the occupant on the personal property
stored pursuant to a rental agreement in any storage space at the
self-service storage facility, or on the proceeds of the personal
property subject to the defaulting occupant's rental agreement in
the owner's possession, for rent, labor, or other charges in
relation to the personal property that are specified in the rental
agreement and that have become due and for expenses necessary for
the preservation of the personal property or expenses reasonably
incurred in the sale or other disposition of the personal property
pursuant to law. The owner's lien provided for in this section is
also effective against the following persons:

(1) A person who has an unfiled security interest in the
personal property, except that the owner's lien is not effective
against a person who has a valid security interest in a motor
vehicle or a valid security interest in a watercraft, whether or
not the security interest in the motor vehicle or watercraft is
filed;

(2) A person who meets both of the following requirements:

(a) WhoThe person has a legal interest in the personal
property, a filed security interest in the personal property, or a
valid security interest in the personal property that is a motor
vehicle; and.

(b) WhoThe person consents in writing to the storage of the
personal property.

(B) The owner's lien created by division (A) of this section
attaches as of the date the personal property is brought to the
self-service storage facility. An owner loses histhe owner's lien
on any personal property that hethe owner voluntarily permits to
be removed from the self-service storage facility or unjustifiably
refuses to permit to be removed from the self-service storage
facility.

Sec. 5322.03. An owner's lien created by division (A) of
section 5322.02 of the Revised Code for a claim that has become
due may be enforced only as follows:

(A) AllThe following persons whom the owner has actual
knowledge claim an interest in the personal property, and all
persons who have filed security agreements in the name of the
occupant evidencing a security interest in the personal property
with either the secretary of state or the county recorder of the
county in which the facility is located or the Ohio county of the
last known address of the occupant, shall be notified in
accordance with
divisonsdivisions (B) and (C) of this section;:

(1) All persons whom the owner has actual knowledge of and
who claim an interest in the personal property;

(2) All persons holding liens on any motor vehicle or
watercraft amongst the property;

(3) All persons who have filed security agreements in the
name of the occupant evidencing a security interest in the
personal property with either the secretary of state or the county
recorder of the county in which the self-service storage facility
is located or the Ohio county of the last known address of the
occupant.

(B) The notice shall be delivered in person or, sent by
certified mail, or sent by first-class mail with a certificate of
mailing to the last known address of each person who is required
to be notified by division (A) of this section;

(C) The notice shall include all of the following:

(1) The name and last known address of the occupant who
rented the storage space in which the personal property was
stored;

(2) An itemized statement of the owner's claim showing the
sum due at the time of the notice and the date when the sum became
due;

(3) A brief and general description of the personal property
subject to the lien. The description shall be reasonably adequate
to permit the person notified to identify it except that any
container including, but not limited to, a trunk, valise, or box
that is locked, fastened, sealed, or tied in a manner that deters
immediate access to its contents and that has not been opened by
the owner prior to the date on which the notice is given may be
described as such without describing its contents.

(4) A notice of denial of access to the personal property, if
a denial of access is permitted under the terms of the rental
agreement, which notice provides the name, street address, and
telephone number of the person whom the person notified may
contact to pay the claim and to either obtain the personal
property or enter into a rental agreement for the storage of the
personal property;

(5) A demand for payment within a specified time not less
than ten days after delivery of the notice;

(6) A conspicuous statement that unless the claim is paid
within that time the personal property will be advertised for sale
and will be sold by auction at a specified time and place and
that, if no person purchases the personal property at the auction,
the personal property may be sold at a private sale or destroyed;

(7) The address of the place at which the sale will be held,
if the sale will be held at a place other than the self-service
storage facility in which the personal property was stored.

(D) Any notice given pursuant to this section shall be
presumed delivered, if the notice is sent by first-class mail with
a certificate of mailing, when it is deposited with the United
States postal service and properly addressed with proper postage
prepaid.

(E) The sale of the personal property shall conform to the
terms of the notice as provided for in this section;.

(E)(F) The sale of the personal property shall be held at the
self-service storage facility or, if the address of the place was
included in the notice as required by division (C)(7) of this
section, at the nearest suitable place to the self-service storage
facility at which the personal property is stored;.

(F)(G) After the expiration of the time given in the notice,
an advertisement of the sale shall be published once a week for
two consecutive weeks in a newspaper of general circulation in the
county in which the self-service storage facility is located or
any other commercially reasonable manner. The manner of
advertisement shall be deemed commercially reasonable if at least
three independent bidders attend the sale at the time and place
advertised. The advertisement shall include all of the following:

(1) A brief and general description of the personal property
as required by division (C)(3) of this section, except that the
description shall describe the contents of any trunk, valise, or
box that is locked, fastened, sealed, or tied in a manner that
deters immediate access to its contents, if the trunk, valise, or
box is opened by the owner prior to the date on which the
advertisement of sale is published;

(2) The name and last known address of the occupant who
rented the storage space in which the personal property was
stored;

(3) The address of the self-service storage facility;

(4) The time, place, and manner of the sale.

The sale shall take place at least fifteen days after the
first publication. If there is no newspaper of general circulation
in the county in which the self-service storage facility is
located, the advertisement shall be posted at least ten days
before the date of the sale in not less than six conspicuous
places in the neighborhood where the self-service storage facility
is located.

(G)(H)(1) Before any sale of personal property pursuant to
this section, anyAny person who has a legal interest or a
security interest in the personal property, or who holds a lien
against, a motor vehicle or watercraft may pay the amount
necessary to satisfy the lien created by division (A) of section
5322.02 of the Revised Code and the reasonable expenses incurred
under this section. AnyThat person except the occupant may, upon
payment of the amount necessary to satisfy the lien plus expenses,
may enter into a new rental agreement for the storage of the
personal property or, if hethe motor vehicle or watercraft. Any
person who presents proof of a legalsecurity interest in the
personal property or of a right to take possession of the personal
propertyor lien on a motor vehicle or watercraft or a court
order authorizing himthe person to take possession of the
personal property, shalla motor vehicle or watercraft may
immediately remove the personal propertymotor vehicle or
watercraft from the self-service storage facility
without
satisfying the lien or expenses of the owner.

(2) Before any sale of personal property other than a motor
vehicle or watercraft pursuant to this section, any person who has
a legal interest or a security interest in, or who holds a lien
against, any personal property other than a motor vehicle or
watercraft may pay the amount necessary to satisfy the lien
created by division (A) of section 5322.02 of the Revised Code and
the reasonable expenses incurred under this section and remove the
personal property in which the person has the interest or against
which the person holds the lien. After removal of all the personal
property, including any motor vehicle or watercraft, from the
storage space of the self-service storage facility by any means
under this section, any person can enter into a rental agreement
for the storage of personal property with the owner, and the owner
has no obligation to the prior occupant of that storage space in
the self-service storage facility. Before entering into a new
rental agreement, the owner must have any motor vehicle or
watercraft towed from that storage space.

(3) Upon receipt of the payment from a person other than the
occupant, the owner shall enter into a new rental agreement for
the storage of the personal property or, if the person meets the
conditions set forth in division (G)(1)(H)(2) of this section,
shall permit the person to remove the personal property from the
self-service storage facility.

(3)(4) If the occupant pays the amount necessary to satisfy
the lien created by division (A) of section 5322.02 of the Revised
Code and the reasonable expenses incurred under this section,
hethe occupant shall immediately remove all of histhe occupant's
personal property from the self-service storage facility, unless
the owner of the self-service storage facility agrees to enter
into a new rental agreement for the storage of the property.

(H)(I)(1) If property on which there is a lien under division
(A) of section 5322.02 of the Revised Code is not sold at auction,
but is claimed under division (H) of this section and the owner's
lien is satisfied, then all legal or security interest in, or any
other liens held against, the property shall remain intact.

(2) A purchaser at auction in good faith, except an owner or
hisan owner's agent, of the personal property sold to satisfy an
owner's lien created by division (A) of section 5322.02 of the
Revised Code takes the property free and clear of any rights of
persons against whom the lien was valid, or any persons who had an
interest in, or who held, any other lien against the property,
despite noncompliance by the owner with the requirements of this
section;.

(I)(J) The owner may examine any personal property to be sold
pursuant to this section. The examination may include, but is not
limited to, the opening of any trunk, valise, box, or other
container that is locked, fastened, sealed, tied, or otherwise
closed in a manner that deters immediate access to its contents.

(J)(K)(1) If the property upon which the lien created under
division (A) of this section is claimed is a motor vehicle or a
watercraft, the owner shall have the motor vehicle or watercraft
towed from the premises if any of the following circumstances
applies:

(a) The notice was delivered or sent pursuant to division (B)
of this section to all persons holding a lien on the motor vehicle
or watercraft, and thirty days have elapsed since the notice was
delivered or sent without a response from any of those persons.

(b) Rent and other charges related to the property remain
unpaid or unsatisfied by the occupant for sixty days, and no lien
holders have been identified.

(c) The owner is planning to hold a sale at auction of the
personal property that was stored in the self-service storage unit
with that motor vehicle or watercraft, in which case the motor
vehicle or watercraft shall be towed prior to the auction.

(2) The owner shall not be liable for the motor vehicle or
watercraft or any damages to the motor vehicle or watercraft once
the tower takes possession of the property. The notice delivered
or sent pursuant to division (B) of this section to all persons
holding a lien on the motor vehicle or watercraft shall include
the name of the towing company. The name and the address of the
towing company shall also be made available to the occupant or any
lien holder upon the presentation of a document of title or
another document that confirms an interest in the motor vehicle or
watercraft.

(L) The owner may satisfy histhe owner's lien from the
proceeds of any sale held pursuant to this section, but shall mail
the balance, if any, by certified mail to the occupant at histhe
occupant's last known address. If the balance is returned to the
owner after the owner mailed the balance by certified mail to the
occupant or if the address of the occupant is not known, the owner
shall hold the balance for two years after the date of the sale
for delivery on demand to the occupant or to any other person who
would have been entitled to possession of the personal property.
After the expiration of the two-year period, the balance shall
become unclaimed funds, as defined in division (B) of section
169.01 of the Revised Code, and shall be disposed of pursuant to
Chapter 169. of the Revised Code.

(K)(M) An owner may buy at any public sale held pursuant to
this section.

(L)(N) The rights provided by this section shall be in
addition to all other rights allowed by law to a creditor against
hisa debtor.

(M)(O)(1) If the owner complies with the requirements for
sale under this section, the owner's liability to persons who have
an interest in the personal property sold is limited to the
balance of the proceeds of the sale after the owner has satisfied
histhe owner's lien.

(2) The owner is liable for damages caused by the failure to
comply with the requirements for sale under this section and is
liable for conversion for willful violation of the requirements
for sale under this section.

(N)(P) If no person purchases the personal property at the
auction and if the owner has complied with this section, the owner
may do any of the following:

(1) Advertise and sell the personal property pursuant to
divisions (E)(F) to (M)(O) of this section;

(2) Sell the personal property at a private sale;

(3) Dispose of the personal property in any manner considered
appropriate by the owner including, but not limited to, destroying
the personal property.

Sec. 5809.031. (A) Notwithstanding any other provision of the
Ohio Uniform Prudent Investor Act, unless otherwise provided by
the terms of the trust, the duties of a trustee with respect to
the acquisition, retention, or ownership of a life insurance
policy as a trust asset do not include any of the following
duties:

(1) To determine whether the policy is or remains a proper
investment;

(2) To diversify the investment in the policy relative to any
other life insurance policies or to any other trust assets;

(3) To exercise or not to exercise any option, right, or
privilege available under the policy, including the payment of
premiums, unless there is sufficient cash or there are other
readily marketable trust assets from which to pay the premiums or
there are other trust assets that were designated by the settlor
or any other person transferring those assets to the trust to be
used for that purpose, regardless of whether that exercise or
nonexercise results in the lapse or termination of the policy;

(4) To investigate the financial strength or changes in the
financial strength of the life insurance company maintaining the
policy;

(5) To inquire about changes in the health or financial
condition of the insured or insureds under the policy.

(B) The trustee, the attorney who drafted a trust, or any
person who was consulted with regard to the creation of a trust,
in the absence of fraud, is not liable to the beneficiaries of the
trust or to any other person for any loss arising from the absence
of the duties specified in divisions (A)(1) to (5) of this
section.

(C) Unless otherwise provided by the terms of the trust, this
section applies to a trust established before, on, or after the
effective date of this sectionMarch 22, 2012, and to a life
insurance policy acquired, retained, or owned by a trustee before,
on, or after the effective date of this sectionMarch 22, 2012.

Section 3. Section 2947.23 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 268 and Am. Sub. S.B. 337 of the 129th General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.